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Home » US Law » 2020 Mississippi Code » Title 79 - Corporations, Associations, and Partnerships » Chapter 19 - Agricultural Cooperative Marketing Associations

§ 79-19-1. Declaration of policy

It is the purpose of this chapter to promote, foster and encourage the intelligent and orderly marketing of agricultural products through cooperation and to eliminate speculation and waste; and to make the distribution of agricultural products as direct as can be efficiently done between producer and consumer; and to stabilize the marketing of agricultural products; […]

§ 79-19-11. Members

Under the terms and conditions prescribed in its bylaws, an association may admit as members, or issue common stock or certificate of membership, only to persons engaged in the production of the agricultural products to be handled by or through the association, including the lessees and tenants of land used for the production of such […]

§ 79-19-13. Articles of association

Each association formed under this chapter must prepare and file articles of association, setting forth: The name of the association. The purposes for which it is formed. The place where its principal business will be transacted. The term for which it is to exist, if other than perpetual. The number of directors thereof, which must […]

§ 79-19-15. Amendments to articles of association

Any amendment to the articles of association must first be approved by a vote of not less than two-thirds (2/3) of all the members of the board of directors and then adopted by a vote representing a majority of all the members of the association. However, if a majority of the members are not present […]

§ 79-19-17. Bylaws

Each association incorporated hereunder must, within thirty (30) days after its incorporation, adopt for its government and management a code of bylaws, not inconsistent with the powers granted herein. A majority vote of the members or stockholders, or their written assent, is necessary to adopt such bylaws. The bylaws so adopted may be amended by […]

§ 79-19-19. General and special meetings, how called

In its bylaws each association shall provide for one or more regular meetings annually. The board of directors shall have the right to call a special meeting at any time, and ten percent (10%) of the members or stockholders may file a petition stating the specific business to be brought before the association and demand […]

§ 79-19-21. Directors; election

The affairs of the association shall be managed by a board of not less than five (5) directors, elected by the members or stockholders from their own number and shall have all rights and powers as provided for under the general corporation laws of this state, and such other powers as may be necessary to […]

§ 79-19-23. Election of officers

The directors shall elect from their number a chairman or board president. The directors also shall elect a chief operating officer of the association, one or more vice presidents, a secretary and treasurer, none of whom need be directors or members of the association.The board may combine the two (2) latter offices and designate the […]

§ 79-19-27. Removal of officer or director

Any member may bring charges against an officer or director by filing them in writing with the secretary of the association, together with a petition signed by ten percent (10%) of the members, requesting the removal of the officer or director in question. The removal shall be voted upon at the next regular or special […]

§ 79-19-29. Referendum may be had in certain cases

Upon demand of one third (1/3) of the entire board of directors, any matter that has been approved or passed by the board must be referred to the entire membership or the stockholders for decision at the next special or regular meeting; provided, however, that a special meeting shall be called for the purpose.

§ 79-19-3. Definitions; nature of associations; short title

As used in this chapter: The term “agricultural product” shall include horticultural, viticultural, forestry, dairy, live stock, poultry, bee and any other farm products; The term “member” shall include actual members of associations without capital stock and holders of common stock in associations organized with capital stock; The term “association” means any association organized under […]

§ 79-19-31. Marketing contract

The association and its members may make and execute marketing contracts, requiring the members to sell, for any period of time, not over ten (10) years, all or any specified part of their agricultural products or specified commodities exclusively to or through the association, or any facilities to be created by the association. If they […]

§ 79-19-33. Remedies for breach of contract or bylaws

The bylaws or the marketing contract of any association existing hereunder may fix, as liquidated damages, specific sums to be paid by the member or stockholder to the association upon the breach or threatened breach by him of any provision of the marketing contract regarding the sale or delivery or withholding of products; and may […]

§ 79-19-37. Conflicting laws not to apply

Any provisions of law which otherwise would be in conflict with this chapter shall not be construed as applying to the associations herein provided for, nor shall any such provisions be deemed to be repealed by this chapter. Any exemptions under any and all existing laws applying to agricultural products in the possession or under […]

§ 79-19-39. Limitation of the use of term “cooperative.”

No person, firm, corporation, or association hereafter organized or doing business in this state shall be entitled to use the word “cooperative” as part of its corporate or other business name or title for producers’ cooperative marketing activities, unless it has complied with the provisions of this chapter.

§ 79-19-41. Interest in other corporations or associations

An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any corporation or association, with or without capital stock, engaged in preserving, drying, processing, canning, packing, storing, handling, shipping, utilizing, manufacturing, marketing, or selling of the agricultural products handled by the association, or the byproducts […]

§ 79-19-43. Contracts and agreements with other associations

Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements and make all necessary and proper stipulations, agreements, and contracts and arrangements with any other corporation, association or associations, formed in this or in any other state, for the cooperative or more economical carrying on […]

§ 79-19-45. Association heretofore organized may adopt the provisions of this chapter

Any corporation or association organized under previously existing statutes, or any foreign corporation or association heretofore authorized by the laws of this state to do business in this state, or any foreign corporation or association organized under the laws of another state, may by a majority vote of its directors or members be brought under […]